The European Patent Office

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1 The Facts and Figures Dominique Winne Examiner (ICT) 7 November 2017 Who am I? Dominique Winne (BE) Ph.D. in Image Communication Joined EPO in 2004 as patent examiner technical field: H04N1/38-64 (colour crection/halftoning) G06K9 (pattern recognition) chairman of examining divisions coach instruct 2 1

2 What is the? Other markets, e.g. the US, have one patent office 1 fee f all states Each European country has a patent office, each requiring fees Why does it exist? To provide a single procedure f the grant of patents f its member states How does it exist? It is an intergovernmental ganisation The European Patent Convention (EPC) sets outs its rules of function and administration It is financed through the income it generates from fees, not taxes 3 Structure of the European Patent Organisation European Patent Organisation Administrative Council The legislative body is made up of delegates from the member states supervises the activities of the Office appoints the President votes on the Office's budget The executive body is responsible f searching, examining, publishing patent applications and postexamination activities 4 2

3 The functions of the Please do not use photos f which the EPO does not have copyright. If you need any images, please contact: graphic_design_munich@epo.g graphic_design_the_hague@epo.g We provide patents with protection f up to 38 EPO member states, 2 extension and 2 validation states based on a single application We are also responsible f limitation and revocation proceedings by patentees opposition proceedings by third parties appeal proceedings befe the boards of appeal the European Patent Academy The EPO makes all patent documents available to the public 5 Structure of the Presidential Area Controlling Office Internal Audit & Oversight Administration of the Reserve Funds Council Secretariat President Benoît Battistelli Boards of Appeal Unit President of the Boards of Appeal Carl Josefsson Directate-General Patent Granting Process Directate-General Cpate Services Directate-General Legal and International Affairs Vice-President Alberto Casado Cerviño Vice-President Željko Topi Vice-President Raimund Lutz Operation Suppt Mobility and Business Human Resources European and International Cooperation Mechatronics Services General Administration Unitary Patent, European and Int. Legal Affairs Healthcare, User Suppt Biotechnology and Quality Central Procurement Legal Services and Chemistry Management Finance Patent Infmation & European Patent Academy Infmation and Communications Technology Automation Suppt Infmation Management 6 3

4 Our histy October 1973 Diplomatic Conference in Munich Signature of the European Patent Convention (EPC) by 16 countries Entry into fce of the EPC in 7 countries Foundation of the European Patent Organisation Foundation of the Celebration of 40 years of the EPC Me on 7 Seven founding states in 1977 Belgium Germany France Luxembourg Netherlands Switzerland United Kingdom 8 4

5 member states in Belgium Germany France Luxembourg Netherlands Switzerland United Kingdom Sweden Italy Austria Liechtenstein Greece Spain Denmark Monaco Ptugal Ireland member states in Belgium Germany France Luxembourg Netherlands Switzerland United Kingdom Sweden Italy Austria Liechtenstein Greece Spain Denmark Monaco Ptugal Ireland Finland Cyprus Turkey Bulgaria Czech Republic Estonia Slovakia Slovenia 10 5

6 member states in Belgium Germany France Luxembourg Netherlands Switzerland United Kingdom Sweden Italy Austria Liechtenstein Greece Spain Denmark Monaco Ptugal Ireland Finland Cyprus Turkey Bulgaria Czech Republic Estonia Slovakia Slovenia Hungary Romania Poland Iceland Lithuania Latvia Malta 11 Today... an area with over 650m inhabitants 38 European member states Belgium Germany France Luxembourg Netherlands Switzerland United Kingdom Sweden Italy Austria Liechtenstein Greece Spain Denmark Monaco Ptugal Ireland Finland Cyprus Turkey Bulgaria Czech Rep. Estonia Slovakia Slovenia Hungary Romania Poland Iceland Lithuania Latvia Malta Croatia Nway Fmer Yugoslav Rep. Macedonia San Marino Albania Serbia Two European extension states Bosnia-Herzegovina Montenegro Three validation states Mocco Republic of Moldova Tunisia (as of ) 12 6

7 Our five locations in Europe Headquarters Liaison office with the EU 13 Our staff Munich The Hague Berlin Vienna Brussels Total Around 60% are patent examiners Source: EPO data on

8 Our staff: a multicultural wking environment Over 30 different nationalities Please do not use photos f which the EPO does not have copyright. If you need any images, please contact: graphic_design_munich@epo.g graphic_design_the_hague@epo.g Three languages f wking in and f communicating with applicants: English French German 15 Three possible routes to file a patent Route National European International Via National offices national offices Valid in One country Up to 38 countries + 2 extension states + In brief Applications are filed with the relevant national office and are valid f that state only 2 validation states One single application in DE/EN/FR f all EPC contracting states Same legal effects as national patents International Bureau national offices Up to 148 countries An international patent procedure, not an international patent After the international phase, applicants can choose to enter the national/regional phase in various states 16 8

9 Three ways to start the European procedure European route route Applicant files a direct European application = 1st filing National route route Applicant files a national application Applicant files a European application = 2nd filing 1) European search and examination procedure International route route Applicant files a PCT application Application enters European phase 1) By claiming priity of an earlier application filed with a national office within 12 months. 17 Basic steps in the European grant procedure Filing Search Examination Grant Opposition Appeal Publication of the application and search rept Publication of the patent specification 18 9

10 Our products: European patent documents Title of the invention, name of the invent Please do not use photos f which the EPO does not have copyright. If you need any images, please contact: graphic_design_munich@epo.g graphic_design_the_hague@epo.g Document type: Application Patent (A B publications) Detailed description of the invention: how it is constructed, how it is used, benefits compared with what already exists Claims providing a precise definition of what the patent protects Drawings, Sequence Listings Abstracts: summary of the invention particularly useful f search engines 19 Basic steps in the European grant procedure Filing Search Examination Grant Opposition Appeal Filing Search Examination Refusal Appeal 20 10

11 Opposition Please do not use photos f which the EPO does not have copyright. If you need any images, please contact: graphic_design_munich@epo.g graphic_design_the_hague@epo.g Any person may oppose a European patent within nine months of its publication. In 70% of opposition decisions, the patent is upheld either as granted in amended fm. 21 Appeal Please do not use photos f which the EPO does not have copyright. If you need any images, please contact: graphic_design_munich@epo.g graphic_design_the_hague@epo.g Appeals against decisions taken during grant and opposition proceedings are decided on by the EPO s independent boards of appeal

12 The EPO also processes international (PCT) applications We act as a receiving office f Please do not use photos f which the EPO does not have copyright. If you need any images, please contact: graphic_design_munich@epo.g graphic_design_the_hague@epo.g international applications (PCT) We carry out approximately: 38% of all international search procedures 56% of all international preliminary examinations The EPO delivers the international search rept within 3 months* * From the date of receipt of the application by the International Searching Authity. 23 Operational ce activities in the grant procedure: Statistics 2016 Filing Search Examination Grant Opposition Appeal 296,227 1) 244,689 4) 147,119 1) 95,940 4,102 3) 2,229 3) 159,353 2) 133,544 2) 137,939 2) 1) Direct European filings under the EPC and international filings under the PCT 2) European applications 3) Completed decisions 4) European, PCT and searches on behalf of national offices and third parties (Source: Annual rept 2016) 24 12

13 Total European patent applications in Applications are the files f which applicants have decided to request a European patent from the EPO. They are a direct measure of the explicit interest of innovating firms to assert their patent rights on the European technology market (Direct European applications and international (PCT) applications entering the European phase). 25 Origin of European patent applications in 2016 Others 5% S. Kea 4% P.R China 5% Germany 16% Japan 13% United States 25% France 7% Netherlands 4% Switzerland 4% United Kingdom 3% Italy 3% Sweden 2% Other EPO member states 8% EPO member states 48% Analysis based on European patent applications filed with the EPO (Direct European applications and international (PCT) applications entering the European phase). Statistics are based on the first-named applicant. EPO: the 38 member states of the European Patent Organisation, including EU

14 Granted patents in 2016 Others 4% P.R. China 3% S. Kea 3% Germany 20% Japan 16% United States 23% France 7% Switzerland 4% Netherlands 3% United Kingdom 3% Italy 3% Sweden 3% Other EPO member states 8% EPO member states 51% Analysis based on granted patents published in Statistics are based on the first-named patentee. 27 Technical fields with the most applications in 2016 TOP Change 1 Medical technology 2 Digital communication 3 Computer technology 4 Electrical machinery, apparatus, energy 5 Transpt 6 Measurement 7 Engines, pumps, turbines 8 Organic fine chemistry 9 Biotechnology 10 Pharmaceuticals ,1% ,2% ,9% ,1% ,6% ,8% ,5% ,0% ,0% ,3% Analysis based on European patent applications filed with the EPO (Direct European applications and international (PCT) applications entering the European phase)

15 Top EPO applicants in 2016 TOP Change 1 Philips ,9% 2 Huawei ,4% 3 Samsung ,1% 4 LG ,6% 5 United Technologies ,6% 6 Siemens ,2% 7 Qualcomm ,1% 8 General Electric ,5% 9 BASF ,9% 10 Robert Bosch ,1% EPO member states United States S. Kea P.R. China Analysis based on European patent applications filed with the EPO (Direct European applications and international (PCT) applications entering the European phase). Statistics are based on the first-named applicant. 29 Applicant categies in 2016 Universities and public research 6% SMEs, individual invents 28% Large enterprises 66% Source: Annual rept

16 Objectives of the unitary patent A less expensive and less cumbersome patent system f Europe Facilitates access to patent protection f SMEs and research centres Makes Europe me attractive f innovation and invests Boosts Europe's competitiveness 31 The unitary patent and the EPO member states Unitary patent states Austria Belgium Bulgaria Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Ptugal Romania Slovakia Slovenia Sweden United Kingdom Other EPO member states Spain Iceland Switzerland Nway Turkey Monaco San Marino Liechtenstein Croatia Serbia Albania Fmer Yugoslav Republic of Macedonia 32 16

17 Basic principles of the unitary patent Based on a European patent granted by the EPO under the EPC Unitary effect extends to the 26 EU member states currently participating, at the patent propriet's request Registered by the EPO in one single administrative step An additional option f patent propriets, alongside the existing European and national patent systems Can be combined with the European patent to cover up to 40 European countries Unifm litigation system 33 Concrete benefits Protection in one single step f the 26 states currently participating Simplified registration procedure instead of 26 different validations Simplified and cost-effective renewal fee payment No post-grant translation required (after initial transition period) Centralised register maintained by the EPO Unifm litigation system affding greater legal certainty 34 17

18 Language arrangements f post-grant translations F a transitional period of up to 12 years: If the patent is granted in French German, a translation into English will be required If the patent is granted in English, a translation into one of any of the EU languages will be required At the end of the transitional period: No translation required anyme Patent Translate is providing machine translation in 32 languages, free of charge 35 Language arrangements f applications Translation costs will be reimbursed Please do not use photos f which the EPO does not have copyright. If you need any images, please contact: graphic_design_munich@epo.g graphic_design_the_hague@epo.g f SMEs, universities, public research ganisations from the EU if the application is filed in an EU language other than English, French German 36 18

19 The European patent with unitary effect Same grant procedure as f classic European patent Appeal proceedings European patent application Refusal withdrawal of application Limitation/ revocation/ opposition proceedings Filing and fmalities examination Search rept with preliminary opinion on patentability Substantive examination Grant of European patent At the request of the patent propriet Unitary patent f the territies of the 26 participating states The unitary patent replaces the individual effects of the European patent in the 26 participating states 37 When will it all start? European applications already "in the pipeline" today might be given unitary effect if granted after the system starts Minimum of 13 states including GB, France & Germany must ratify the Agreement on a Unified Patent Court befe the unitary patent system comes into effect First unitary patents will cover only the states which have ratified the UPC Agreement, then me as states accede 38 19

20 Need me infmation? Visit Follow us on twitter.com/epog Contact us via 39 Time to watch an online video! Watch a film about the EPO Please do not use photos f which the EPO does not have copyright. If you need any images, please contact: graphic_design_munich@epo.g graphic_design_the_hague@epo.g via the EPO website: via Youtube: d60qk 40 20

21 We are recruiting engineers and scientists Wking as a patent examiner Please do not use photos f which the EPO does not have copyright. If you need any images, please contact: graphic_design_munich@epo.g graphic_design_the_hague@epo.g Who can apply? Engineers and scientists who are nationals of EPO member states and who have the necessary language skills In which technical fields? Opptunities exist in a whole range of technical fields Me infmation on 41 Thank you f your attention! 42 21